News & Analysis as of

Tenants Attorney's Fees

Rivkin Radler LLP

New York Insurance Coverage Law Update - April 25 2024

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The insured, Match Group, LLC, brought a coverage action against its insurer, Beazley Underwriting Limited, and obtained a judgment against Beazley that Beazley appealed. In turn, the insured moved to recover the attorney’s...more

Rosenberg Martin Greenberg LLP

Maryland Appellate Court Addresses Obligation of Tenant Shut Down By COVID Order To Pay Rent

Nearly four years after the depths of the COVID-19 pandemic, issues concerning the legal consequences of executive and legislative orders shutting down business operations are still working their way through appellate courts...more

McGlinchey Stafford

The Bullet Point: A Commercial Law Bulletin - When can a non-party enforce a forum selection clause?

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The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more

Rosenberg Martin Greenberg LLP

Wheeling v. Selene Finance, LP: The Safe Harbor for Landlords Conducting Self-Help Evictions In Maryland Is Not So Safe After All

In an April 30, 2021 opinion, Maryland highest court, the Court of Appeals, largely reversed a decision of the Court of Special Appeals. The Court of Appeals held that: (a) posting a notice under Section 7-113 of Maryland’s...more

Nutter McClennen & Fish LLP

Court Denies lululemon’s Motion for Attorneys’ Fees Under Fee Shifting Provision

As reported here last summer, Judge Salinger denied lululemon’s motion to dismiss a summary process action brought by lululemon’s landlord, CWB Retail. Later in the litigation, CWB voluntarily dismissed the action with...more

Manatt, Phelps & Phillips, LLP

Not So Powerful: When a Compensatory Damages Award Becomes an Excluded Disgorgement

Insurance coverage often turns on strange questions. The Eleventh Circuit’s decision this summer in AEGIS Electric & Gas International Services Limited v. ECI Management LLC, 967 F.3d 1216 (11th Cir. 2020), is one of those...more

Holland & Knight LLP

New Tenant Protection Law Affects Conversions of Rental Buildings in New York - Law Also Impacts Proprietary Leases, Subleases and...

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• New York's Housing Stability and Tenant Protection Act of 2019, which was enacted and became effective on June 14, 2019, will have a sizable impact on a landlord's ability to convert buildings to cooperatives and...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 19, 2019

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Real Property Update - • Special Tax District Bond Validation: hospital center special tax district could not validate bonds intended to finance the construction of a hospital outside the geographic boundaries established...more

Perkins Coie

CEQA Year In Review 2018

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more

Jaburg Wilk

Arizona District Court Denies Motion to Remand in Bad Faith Case, Despite Plaintiff Seeking Only $57,000 in Compensatory Damages

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The Holding - In Hoarau v. Safeco Ins. Co. of America, 2017 WL 3328078 (D.Ariz. August 4, 2017), the Arizona District Court denied an insured's Motion to Remand in an insurance bad faith, punitive damages, and declaratory...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending December 2 & 9, 2016

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REAL PROPERTY UPDATE - Deficiency/Subject Matter Jurisdiction: approving the 3d DCA’s opinion that an assignee of a foreclosure judgment can maintain a separate action for deficiency under Florida Statutes, Section...more

Dentons

Iowa’s Highest Court Enters First Decision on Certain Landlord-Tenant Issues Raised in 2013 Staley Case: Landlords Must Take Note...

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As most landlords are aware, in 2013, the Iowa Court of Appeals entered a decision in the Staley v Barkalow case, which involved a group of tenants who sued their landlord over the content of their lease agreements....more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending April 29 & May 6, 2016

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REAL PROPERTY UPDATE - Foreclosure/Requests for Admission: trial court erred by involuntarily dismissing foreclosure action based solely on lender’s failure to respond to requests for admission because lender’s...more

Hinshaw & Culbertson LLP

Is a tenant is entitled to attorney fees when landlord's anti-SLAPP motion is denied?

In Ben-Shahar v. Pickart, 2014 DJDAR 15712, the California Court of Appeal for the Second District decided a complex landlord/tenant case involving the interplay of unlawful detainer proceedings and California’s Special...more

Troutman Pepper

NJ Law Grants Tenants Implied Right To Attorney’s Fees Under Residential Leases

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New Jersey’s residential landlord/tenant statute has long been considered “tenant-friendly.” This trend continues with the recent enactment of Assembly Bill 3851signed into law by Gov. Chris Christie on January 17, 2014....more

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